2008AP2045 & 2009AP2322 Werner v. Hendree

Civil Procedure
Appeals; final orders

Where an order did not dispose of the entire litigation, it is not an appealable order.

“First, we hold that the court of appeals improperly dismissed as untimely  Werner’s appeal of the order ruling that Hendree was ineligible for  indemnification, irrespective of the date on which the order was filed.  This is  so because the order was not final under Wis. Stat. § 808.03(1).  The order did  not dispose of the entire matter in litigation as to either Werner or  Hendree, and accordingly, was not appealable until July 11, 2008, when the  circuit court entered judgment on Hendree’s liability and Werner’s damages.”
“Second, we hold that the circuit court erroneously exercised its discretion  when it denied Werner’s motion to vacate and reenter (1) the order dismissing  Honeck and (2) the other order ruling that Hendree was ineligible for  indemnification.  The circuit court erroneously concluded that it was without  the power to vacate and reenter the orders given Werner’s failure to bring the  motion within one year after the orders were filed.”

Reversed and Remanded.

2008AP2045 & 2009AP2322 Werner v. Hendree

Ziegler, J.

Attorneys: For Appellant: Owens, Joseph F., New Berlin; Shaw, Andrew J., Milwaukee; For Respondent: Glinski, John J., Madison

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